HomeMy WebLinkAboutO-03-26ORDINANCE NO. O-03-26
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING
AN AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF LOW
DENSITY RESIDENTIAL (LDR) FOR ANNEXED LAND WITH A PRIOR
COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE
(R) FOR LAND CONSISTING OF 152 ACRES, MORE OR LESS, NORTH OF
CR 510 AND SOUTHEAST OF ELKCAM DAM KNOWN AS RIVER OAKS
PRESERVE; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of WCG/Neel-Schaffer,
Inc., on behalf of Wolfe Development, Inc., for an amendment to designate an initial land use for
certain property considered for annexation from its existing County Furore Land Use Map
designation of R (Residential, 1 unit per acre) to a City designation of LDR (Low Density
Residential); and
WHEREAS, the City Council has considered the criteria identified in the Land
Development Code and Florida Statutes together with the fmdings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has provided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has considered the applicable provisions of the existing
Comprehensive Land Use Plan; and
WHEREAS, the City Council has determined that the proposed changes in the City
Comprehensive Land Use Map, are consistent with the existing comprehensive plan and the
future development goals of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan
Future Land Use Map adopted by this Ordinance shall affect the following described real
property, as of the effective date to be lying and being within the incorporated area of the City of
Sebastian, Indian River County, Florida:
PARCEL 1:
West ~A less the West 40 acres of thc Southeast ¼ of Section 25, Township 31 South,
Range 38 East, less right-of-way for County Road 510;
Together with
PARCEL 2:
The South 100 feet of the North V2 of the Northeast ¼ of Southeast ¼ and South ½ of
Northeast ¼ of Southeast ¼ and Southeast ¼ of Southeast ¼; less canal right-of-way:
less South 40 feet for mad right-of-way, Section 25, Township 31 South, Range 38
East. Said parcel containing 60.74 acres more or less;
Together with
PARCEL 3:
East ½ of Northeast ¼ of Southwest ¼, less canal right-of-way Section 25, Township 31
South, Range 38 East; less that portion lying west of the 200 foot Sebastian
River Floodway. *
Together with
PARCEL 4:
North ~ of the West 40 acres and the East 10 acres of the South ½ of the West 40 acres
of the Southeast ¼ of Section 25, Township 31 South, Range 38 East less right-of-way
for County Road 510;
containing a total of 152.21 acres more or less.
*Scrivener's error in original legal corrected to reflect the intent
of City Council on June 2, 2004.
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall
be amended to include the affected property, and designate the same as LDR (Low Density
Residential) in accordance with the requirements of Florida law.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council did not intend
to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon the
concurrence of the issuance of a Notice of Intent by the Florida Department of Community
Affairs or other final action finding the amendment herein in compliance, and annexation of the
property into the corporate limits of the City of Sebastian.
Vice-Mayor Ray Coniglio
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Nathan McCollum
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved//.f°~r p~sage upon first reading this 17~h day of
Deceml~, 2003, by Counciimember (.~9-~.4~ 6 . The motion was seconded by
Counc&ln~aber ~_.2cc~?~ and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes ~,~
ATTEST:
CMC
City Clerk
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember Monier . The
motion was seconded by Councilmember Conig lio and, upon being put to a vote,
the vote was as follows:
Mayor McCollum
Vice-Mayor Barczyk
Councilmember Conigl. io
Councilmember Monier
Councilmember Hep t ins ta 11
nay
nay
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 2nd
June ,200~4.
__ day of
This ordinance was rescinded by Ordinance No. 0-04-18,
which readopted the Land Use Map Amendment contained
herein.
ATTEST:
~o, CM~/?
CITY OF SEBASTIAN~ FLORIDA
By:
Approved as to form and legality for
reliance by the City of Sebastian only:
City Attomey